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Legal Blog:
Mar
01
2011
Just Do it
No, this is not a commercial. It is a refrain that subcontractors often hear, though not necessarily in the context of safety. When a general’s representative directs a sub to do something that the sub feels is unsafe, but does it anyway, and a loss ensues, who is liable: the general who gave the order or the sub who carried it out? This question is answered in Jelco Construction Ltd. v. Vasco, a 2010 decision of the Ontario Court of Appeal.
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